GASIS v. CITY OF NEW YORK


35 A.D.3d 533 (2006)

828 N.Y.S.2d 407

FANYA GASIS, Respondent, v. CITY OF NEW YORK et al., Respondents, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 12, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiff-respondent, the motion is granted, and the action against the remaining defendants is severed.

The plaintiff allegedly was injured when she tripped and fell because of a crack in a public sidewalk near a support stanchion for elevated train tracks.

The appellants, the New York City Transit Authority and the Metropolitan Transportation Authority, cannot...

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